Recent Debates in Attorney-Client related Privilege and Confidentiality in Korea and Its Implications to International Arbitration

• 영문명: Recent Debates in Attorney-Client related Privilege and Confidentiality in Korea and Its Implications to International Arbitration
• 발행기관: 한국중재학회
• 저자명: 김준기
• 간행물 정보: 『중재연구』제33권 제3호, 3~30쪽, 전체 28쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2023.09.30

영문 초록

This article provides an overview of the state of attorney-client related privilege and confidentiality in Korea. It reviews the statutory framework, and how Korean courts have analyzed the privilege and confidentiality related to attorneys and their clients. It then examines the legislative initiatives Korea is currently debating with regard to adopting a more common law-style attorney-client privilege (ACP). If adopted, the new legislation will mark a significant milestone in providing guidance on how communications between attorney and client will be treated. Its impact in the context of international arbitration practice and law related to Korea is explored.

목차

Ⅰ. Introduction

Ⅱ. A Review of Legal Traditions, Rules and Guidelines

Ⅲ. Attorney-related Confidentiality Obligations and Rights related to Korea

Ⅳ. Impact on International Arbitration

Ⅴ. Legislative Initiatives

Ⅵ. Conclusion

References

키워드

confidentiality secrecy attorney-client privilege legal impediment legal professional privilege work product privilege legal advice privilege litigation privilege settlement privilege